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ST., BY & THROUGH HALEY v. CITY OF TROUTDALE

558 P.2d 1255 (1977)

28 Or.App. 93

STATE OF OREGON, Acting by and through Sam Haley, Acting Director, Department of Commerce, Respondent, v. CITY OF TROUTDALE, a Municipal Corporation et al., Appellants.

Court of Appeals of Oregon.

Decided January 17, 1977.

Attorney(s) appearing for the Case

Brian J. Freeman, Gresham, argued the cause for appellants. With him on the briefs was Young & Freeman, Gresham.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Allen, Stortz, Barlow & Fox and Willard E. Fox, Salem, filed a brief amicus curiae for Or. State Homebuilders Ass'n.

Before SCHWAB, C.J., and FORT and THORNTON, JJ.

THORNTON, Judge.

The sole issue presented here is whether defendant city has authority to adopt and enforce within the city a requirement for building construction which is more stringent than that provided in the state building code.

The state, acting through its Department of Commerce, brought suit to enjoin defendants from enforcing a city ordinance specifically requiring "double wall" construction of all buildings within the city. Under the state code...

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